IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LEXINGTON INSURANCE COMPANY : CIVIL ACTION

:

v. :

:

DAVID FORREST, et al. : NO. 02-4435

AMENDED SCHEDULING ORDER

AND NOW, this day of December, 2004, 

IT IS ORDERED that the court’s order (paper #57) is AMENDED as follows:

1. Pretrial timetable: 

 • If the parties agree they may schedule a settlement conference before 

Magistrate Judge Diane M. Welsh before the close of discovery.

 • All discovery shall be completed by May 2, 2005.

 • Plaintiff;s expert reports due April 4, 2005; Defendant's reports due April

18, 2005 ; depositions of all experts to be completed by: May 2, 2005.

 

 • Dispositive motions due normally May 16, 2005.

 • Exchange of exhibits due May 31, 2005.

 • Plaintiff's pre-trial memorandum due: May 31, 2005.

 • Defendant's pre-trial memorandum due: June 13, 2005.

 • All motions in limine due: June 13, 2005.

 • Pre-trial hearing, such as Daubert, will be scheduled if needed. 

 • After all dispositive motions have been decided or the time for filing

dispositive motions has elapsed, the parties will be given notice of a Final PreTrial Conference.

Case 2:02-cv-04435-AB Document 101 Filed 12/13/2004 Page 1 of 6
2. This case will be placed into the trial pool on June 16, 2005 or as soon thereafter as all

dispositive motions have been decided.

3. Unless the parties agree to another form of ADR, they shall schedule a settlement

conference before United States Magistrate Judge Diane Welsh on or about May 2, 2005.

Judge Welsh will require that lead counsel and parties with full settlement authority attend the

conference.

4. I prefer that a party moving for summary judgment under F.R.C.P. 56 follow the

instructions set forth in Attachment A. For me to consider any filing made in conjunction

with a motion for summary judgment, all references to affadavits, depositions, documents or

other evidence must cite specifically to the exhibit, page and line number.

5. Pre-trial memoranda shall be filed pursuant to Local RCP 16.1(c) and shall contain all

items listed in that rule.

6. In addition to the above, in a jury trial, each party shall submit with the pretrial

memoranda:

 (a) a trial memoranda on the legal issues in the case, 

 (b) proposed voir dire questions (limited to 15 questions),

 (c) proposed jury instructions (one point per page). Failure to submit proposed jury

 instructions may result in the forfeiture of a right to object to omissions in the jury 

 charge.

 (d) proposed jury verdict sheet and special interrogatories 

 

In addition to the items above, in non-jury cases, each party shall file:

 (e) a trial memorandum on the legal issues in the case.

 (f) proposed findings of fact and conclusions of law,

7. In preparation for the final pretrial conference, counsel are expected to communicate with

each other on the following matters in an effort to reach agreement. At the final pre-trial

conference, counsel must be prepared to present a report on the following matters:

 (a) agreed to and disputed facts

 (b) objections to any proposed witnesses;

 (c) objections to any proposed exhibits (including objections to genuineness and 

Case 2:02-cv-04435-AB Document 101 Filed 12/13/2004 Page 2 of 6
 authenticity);

 (d) objections to any depositions to be read at trial;

 (e) disputed legal issues;

 (f) amendments to pleadings;

 (g) stipulated to and disputed points for charge;

 (h) verdict sheet and special interrogatories; and

 (i) number of days required for trial.

8. Three copies of the schedules of exhibits and, if practicable, two copies of the exhibit itself

shall be prepared for my use at trial.

9. REMINDER: All official filings submitted to the Clerk of Court must be filed by the

attorney directly on to ECF. Counsel must submit to chambers TWO courtesy copies of all

papers filed with the clerk. The submissions to chambers must be in hard copy. Note: This

requirement also applies in ECF cases.

10. Your case has been assigned to:

 _____ Law Clerk Jill Rogers, jill_rogers@paed.uscourts.gov

 _X___ Law Clerk Landon Jones, landon_jones@paed.uscourts.gov

 _____ Law Clerk Susan Lin, susan_lin@paed.uscourts.gov

11: Counsel are reminded that all submissions given directly to Judge Brody in the courtroom

or chambers must also be filed by counsel with the Clerk of the Court to assure proper

docketing.

12. Judge Brody's Policies and Procedures can be accessed via the U.S. District Court's

website at www.paed.uscourts.gov.

13. Throughout the course of the litigation, counsel shall provide the courtroom deputy clerk,

Jim Scheidt, with current telephone and FAX numbers(s).

____________________

Anita B. Brody, J.

Chambers Fax: 215-580-2356

COPIES FAXED on __________to: COPIES MAILED on _________ to:

Case 2:02-cv-04435-AB Document 101 Filed 12/13/2004 Page 3 of 6
Case 2:02-cv-04435-AB Document 101 Filed 12/13/2004 Page 4 of 6
Attachment A

PREFERRED PROCEDURE

Brody Instructions on Summary Judgment for those moving under Rule 56(b)

Rule 56(b) of the Federal Rules of Civil Procedure provides that:

“A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory

judgment is sought may, at any time, move with or without supporting affidavits for a summary

judgment in the party’s favor as to all or any part thereof.”

 • This Preferred Procedure is applicable to a defendant or other party with

respect to one or more issues as to which that party does not have the burden of

proof.

 

 • A party referred to in Rule 56(b) and moving under Rule 56(b) may move

without reference to supporting affidavits or other evidence and, in doing so,

the party making the motion shall:

(1) identify in outline form the issue(s) and/or sub-issue(s) as to which the 

 Motion is directed, for example, referring to the pleadings;

(2) affirm, on the basis prescribed in Rule 11, that there is no legally sufficient 

 evidentiary basis to support the issues so identified; and 

(3) request judgment as provided in Rule 56(c).

 • The party against whom the Motion for Summary Judgment is addressed shall

file a Response not later than 20 days after the Motion for Summary Judgment

is received. The Response, subject to provision of Rule 56(e) and (f), shall be

supported with affidavits, depositions, documents or other evidence permitted

by those provisions. Where applicable, references to such evidence must

include specific citations to exhibit, page, and line number. 

 • The movant shall file a Reply as permitted by Rule 56(e) and (f). Such a Reply

must be filed not later than 10 days after the Response described in paragraph

(b) is received. The Reply must specify the relevant exhibit, page, and line

numbers when referring to the record.

 • The party against whom the Motion for Summary Judgment is directed may,

within 10 days after the Reply is received, file a Sur-reply to the reply

described in paragraph (d) above. The Sur-reply must specify the relevant

exhibit, page, and line numbers when referring to the record.

The purpose of these Instructions is to encourage the parties in their dispositive motion to

track the natural order of trial where the plaintiff sets forth its cause and the defendant then

responds. 

Case 2:02-cv-04435-AB Document 101 Filed 12/13/2004 Page 5 of 6
Case 2:02-cv-04435-AB Document 101 Filed 12/13/2004 Page 6 of 6